[HISTORY: Adopted by the Village Council of the Village of
Vicksburg 9-15-1973 by Ord. No.
93 (Ch. 46, Art. III, of the 1995 Village Code).
Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A permanent structure or garden or yard shed or building
enclosed on all sides by solid walls, floor or roof.
The provisions of this chapter shall not apply to the following:
A.
Secondhand clothing stores and antique stores or places where the
same are sold, provided that all items stored or sold there are kept
inside a totally enclosed structure upon the premises.
B.
Inoperable or currently unlicensed motor vehicles and parts thereof
at the residence of the owner thereof, provided that the same are
stored in a totally enclosed structure upon the premises.
C.
Domestic or commercial accumulations of nongarbage rubbish outside
any structure, provided that complete removal of the same from the
premises without reintroduction of the same is made within a thirty-day
period from the deposit of the first of such accumulation, provided
that this exception shall not extend to allow accumulations of garbage
or items of noxious or noisome odor or items which may attract vermin,
and provided that such items are stored in such a manner as to reasonably
practically eliminate their dispersal to adjoining premises by wind,
water or the activities of persons, authorized or not.
D.
The maintaining within a residence or place of business of such collections
of oddments, incidentals, tools, parts and items of similar nature
as may be kept there completely within a totally enclosed structure
or attached to it.
E.
The maintenance of a garbage can or incinerator, provided that the
same are emptied as frequently as may be required to prevent spillage
from the same.
F.
Yard, garage or barn sales not lasting more than three days.
G.
The maintenance and offering for sale of then unlicensed motor vehicles
by a duly licensed dealer of motor vehicles at the regular place of
business of such dealer.
H.
The maintenance of an inoperable or damaged motor vehicle at an automotive
garage, automobile service station, body shop, or automotive dealership
for a period not exceeding 30 days.
The licensee shall at all times keep all materials on hand within the enclosed yard or enclosed structures as provided in § 276-10.
A violation of this chapter shall be deemed a public nuisance,
and the Village may seek abatement of the same through appropriate
court proceedings and cause an abatement of such nuisance to be accomplished
and the costs of the abatement, as allowed by the court, including
allowed court costs and attorneys' fees, may be assessed against the
premises with the next succeeding tax bill. Failure to pay the costs
shall be treated in the same manner as delinquent taxes; or such costs
may be collected through executions and other procedures allowed by
law for the collection of judgments. In addition to the remedies of
this section, the Village Council shall forfeit the bond and demand
payment and, if the same are not made, bring an action to collect
the same and proceed accordingly, provided that the proceeds of such
bond forfeiture shall be applied against the costs of abatement of
the public nuisance.
[Added 11-16-1995 by Ord.
No. 216]
No person shall hereafter in the Village keep, conduct or maintain
in any building, structure, yard or place of keeping, storing or piling,
whether temporarily, irregularly or continually, and whether for buying
or selling or bartering, any old, used, or secondhand materials of
any kind, including cloth, rags, clothing, paper, cardboard, rubbish,
bottles, crockery, rubber, iron, steel and nonferrous metals, used
or damaged building materials, used or damaged barrels, furniture,
inoperable or noncurrently licensed motor vehicles or the parts thereof,
inoperable appliances and household equipment or the parts thereof,
or any item which from its worn condition renders it practically useless
for the purpose for which it was made, with the intention of holding
such items for purchase, sale or barter, without having obtained a
license from the Village.
Every applicant for a license to engage in the activity of junkyard
operator shall file with the Village Manager a written application
on a form to be provided by the Village Manager, which form shall
call for, in substance, the following materials:
A.
The name and address of the applicant and, if the applicant is a
partnership, the names and address of all partners and, if the applicant
is a corporation or association, the names and address of all principal
officers and directors.
B.
The detailed nature of the materials to be collected, bought, sold
or otherwise stored.
C.
The legal description of the premises where such activity will be
carried on.
D.
A site plan showing plans for construction of any fences and gates
as required by this chapter and a detailed statement of provision
to be made for the method, means and location of storage facilities.
Such application shall be accompanied by:
A.
An application fee as set by resolution of the Village Council, nonrefundable
in the event of denial of such license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
A bond running to the Village approved as to form by the Village
Attorney in the penal sum of $500, with a surety or collateral security
approved by the Village Attorney, conditioned for the due observance
during the term of the license of all laws, ordinances, and regulations
which are now in force or may hereafter be adopted by duly constituted
authorities.
The premises shall be inspected by the Village Police Chief,
the Village Fire Chief, the Village Building Official and the Village
or County Health Inspector, who shall report in writing their findings
of the condition of the premises as they relate to the proposed use,
together with any existing or proposed joint uses of the premises
and the regulations of the Village and any other duly constituted
authority. The applicant shall be deemed by the filing of the application
to have given such officers permission to go upon the premises for
such purpose.
No license for operation of a junkyard shall be issued unless:
A.
The premises are zoned appropriately.
B.
The entire storage area lies within totally enclosed structures capable
of being secured by an adequate locking device, such locking device
being of sufficient strength to prevent access by casual trespassers
or behind solid nontransparent walls not less than seven feet in height
with a solid nontransparent gate of equal height, capable of being
secured by an adequate locking device, such locking device being of
sufficient strength to prevent access by casual trespassers.
C.
The premises are so situated and constructed that the operation may
be carried on in a sanitary manner containing no fire hazards and
arranged so that thorough inspection may be made at any time by proper
police, fire, health and building authorities.
The Village Manager shall schedule a hearing before the Village Council, at which time the applicant and the officers mentioned in § 276-9 shall attend, and such other persons as may have an interest in the proceedings may attend, and all shall be heard on the matter. Such hearing shall be held within 60 days of the filing of the application.
The Council, upon such hearing, shall in writing grant, grant
with special conditions, grant in part or deny the application. Any
action by the Council, other than granting without qualification or
condition, shall specify the reasons and/or conditions for its action.
Decision upon the granting or denial of the action shall be made by
the Village Council within 60 days from the hearing. Such license
shall designate the particular place where the applicant shall carry
on the business, and no applicant receiving a license shall carry
on the business in any place other than as designated in the license.
It shall be unlawful for the issuing officer to grant a license to
any applicant doing or desiring to do a junk business in any residential
community where 65% or more of the property owners within a radius
of one city block of such junk business or contemplated junk business
petition the issuing officer not to do so; provided, however, that
in case any applicant shall have no regular place of business, a license
shall be issued to such applicant to carry on the business of secondhand
dealer or junk dealer, either by horse and wagon, cart, automobile
or by pack.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Issuance of the license, if granted, shall be made by the Village
Manager, and any conditions or qualifications shall be set forth upon
such license. The annual license fee shall be as set by resolution
of the Village Council.
All licenses shall be for a period of one year from the date of issuance, unless sooner revoked, and shall not be transferable. The licensee, prior to that time, shall submit to inspections by the Village and/or county officers mentioned in § 276-9, who shall report, in writing, to the Village Council on any matters coming to their attention relative to the continuance of the license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Prior to issuance of a renewal license, the Village Manager
shall have received affirmative action of the Village Council ordering
such renewal with or without qualifications or conditions, a renewal
fee as set by resolution of Village Council from the licensee and
a certified renewal of the bond.
The license may be revoked at any time by the Village Council
for failure of the licensee to comply with the terms of this chapter
and the license granted to such licensee. Such license may be revoked
only after a proper hearing, notice of which is given within a reasonable
time to the licensee. Notice of revocation shall be given in writing
and delivered by first class mail or by posting the notice upon the
licensee's premises.
